LEGAL PRINCIPLE: LAND LAW — Alienation of Family Land — Yoruba Custom — Valid Alienation by Head of Family with Principal Members’ Consent
PRINCIPLE STATEMENT
Under Yoruba customary law, family land is validly alienated when sold by the head of the family with the consent of the accredited representatives or principal members of the family.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adenle v. Olude (2002) NLC-1341998(SC) at p. 14; Paras B–C.
"The parcel of land was thus sold by the head of the family with the consent of the accredited representatives or principal members of the family. That is how family land is validly alienated under Yoruba custom as established by the authorities: see Agbloe v. Sappor (1947) 12 WACA 187; Linkan v. Ogunsusi (1972) 5 S.C. 40; Adejumo v. Ayantegbe (1989) 6 S.C. (Pt. 10) 76, (1989) 3 NWLR (Pt. 110) 417."
EXPLANATION / SCOPE
Under Yoruba customary law, family land is owned collectively. The head of the family (Mogaji or Olori Ebi) can alienate family land, but must obtain the consent of principal members. The consent must be genuine and informed. The principle protects the family’s collective interest. A sale without proper consent is voidable or void. The burden of proving consent lies on the purchaser. The consent of principal members may be express or implied from conduct. The rule applies to sales, leases, and mortgages. The court examines whether the transaction was for family benefit. The principle ensures that family property is not dissipated by the head alone.